bolo (NA) 21 April 2010

498a false case

My brother's wife filed a false 498a case against my family - my mother,dad,me and grand mother,grand father. the date that she mentioned in the FIR that period i was not in india

Police hasn't filed the chargesheet, this stage can i go to HC for filing a writ petition for removing my name from the FIR/case or only after filing the charge sheet i can go for HC to remove my name?

How long it will take ?

thanks

bolo

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2 Replies

kranthi kiran (Works In Judicial Department) 21 April 2010

Not necessary to wait , You can (through your advocate) file a petition U/s 482 Cr.P.C, before the concerned High Court to quash all proceedings against you. Submit the copies of pass port etc to establish that, during the occurence of alleged crime you were not present in the country.

Dharmesh Manjeshwar (Advocate/Lawyer) 21 April 2010

Kindly note .... U may not have been in india at the time of filing the FIR ..... The offence of 498A is not one which is done in a day or two ... it is an allegation by the complainant of being subjected to cruelty by the husband or relatives of the husband over a period of days, months, years ..... The allegations in the FIR should be read and the date on which the FIR is made is not the criteria .....

But if u have never stayed with ur family after she co-habited at ur parent's place then u should go for quashing the FIR u/s - 482 Cr. P. C.